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Design Review Application to Construct/Install a New Floating Dock

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Design Review Application to Construct/Install a New Floating Dock CITY OF BELVEDERE PLANNING COMMISSION STAFF REPORT REPORT DATE: 1112/2016 AGENDA ITEM: 4 MEETING DATE: 1/19/2016 TO: City of Belvedere Planning Commission FROM: Jayni Allsep, Planning Consultant REVIEWED BY: Irene Borba, City Planner Emily Longfellow, Deputy City Attorney SUBJECT: Design Review Permit to Construct Floating Dock, Gangway, and Boat Lift on Property Located at 91 West Shore Road RECOMMENDATION The applicant requests a Design Review Permit for improvements to the waterfront area located at 91 West Shore Road, as described in more detail below. Staff recommends that the Planning Commission conduct the required public hearing and take the following actions: MOTION 1 Adopt Resolution adopting the Initial Study/Mitigated Negative Declaration that addresses proposed floating dock, gangway, and boat lift on property located at 91 West Shore Road (Attachment 1); and MOTION2 Adopt Resolution granting Design Review approval for proposed floating dock, gangway, and boat lift on property located at 91 West Shore Road, with conditions (Attachment 2). PROPERTY SUMMARY Project Address: 91 West Shore Road APN: 060-303-15 Project Applicant: David Holscher, Holscher Architecture Property Owner: Gardner Baldwin GP Designation: Medium Density 3.1-to 6.0 units per acre Zoning: R-1 W Zoning District-West Shore Road Existing Use: Single Family Residential Site Characteristics: The project site is a developed residential property located within the R-1 W Zoning District. The West Shore Road Area is a geographically distinct neighborhood situated at the western base of Belvedere Island. Other properties on the bayside of West Shore Road are similarly developed, including waterfront improvements such as piers, gangways, boat lifts and floating docks. The shoreline along West Shore Road is riprap along the foreshore area, which provides shore protection from wind-generated wave action from the north and west directions. There is no public access to Richardson Bay from West Shore Road; however, there are public view easements at the turnaround areas along West Shore Road. The property has a total lot area of 12,544 square feet, a portion of which is below the mean low water line along Richardson Bay. BACKGROUND/PROPERTY HISTORY The property is developed with a single-family residence (originally built in 1971), which includes a large deck at the rear of the residence along the shoreline. An existing galvanized steel/wood pier is accessed from the rear deck via a gate and set of stairs. Based on a review of City records, design review and building permits were issued for numerous additions and modifications to the residence and property over the years, including a dark room addition (1982), second-story addition and variance (1986), front yard fence (1993), a 450 sq. ft. addition and exception to floor area (1996), roof-mounted solar equipment (2004), replacement of decking material (2004), front-yard landscaping (2006), and new windows (2011). The existing pier was built in 1994 to replace a damaged wood pier. In addition, there is an existing boat lift on the east side of the property which is accessed from the rear deck. Based on the topographic survey submitted with the application, the deck of the boat lift, which measures approximately 13 ft. X 7 ft., extends beyond the side property line and onto the adjacent property at 93 West Shore Road. Staff has not found any permit or approval documents associated with the existing boat lift. PROJECT ANALYSIS The applicant requests approval of a Design Review permit for waterside improvements including installation of a new floating dock, gangway and boat lift, as detailed below. The application is included as Attachment 3 and project plans are included as Attachment 4. • A 29' X 8' floating dock (232 sq. ft.) supported by three (3) new steel piles. The surface of the floating dock is proposed to be Pau Lope, a hardwood similar to Ipe. • A 4' X 26' gangway (104 sq. ft.) to connect floating dock with existing galvanized steel pier; gangway is proposed to have galvanized steel railing; and • A boat lift (max lifting capacity of 6,000 lbs.) to be installed on the southeast side of the existing steel pier. Construction Staging. New piles would be installed via barge-mounted crane that would be brought to the site via Richardson Bay. All other equipment would be staged from the shore and all other structural lumber would be installed via hand labor from the shore. No outdoor speakers, lighting, or new sources of illumination are proposed as part of this project. Belvedere General Plan 2030 The most relevant goals and policies of the Belvedere General Plan 2030 are listed below: Sustainability and Resource Conservation Element (Chapter 4): Goal SUST-10: Protect natural habitats and biological resources including sensitive aquatic habitat, streams, and riparian corridors. 91 West Shore Road - January 19, 2016 PC Meeting Page 2 Policy SUST-10.1: Remain updated on the status of potential avoidance and mitigation measures related to potentially endangered and special status species. Policy SUST-10.2: Regulate and mitigate the impacts of pile replacement, installation and reinforcement for structures built over water and installation and expansion of piers, docks and boat hoists. Policy SUST-10.4: Protect eelgrass colonies and individual eelgrass plants. Actions: SUST-10.4.1: Development activities shall be designed to avoid impacting areas where surveys document the presence of beds and patches of eelgrass. SUST-10.4.2: Permanent structures such as piers and docks shall be designed to maximize the amount of sunlight available to eelgrass, as based on the best available research. SUST-10.4.3: Mitigations to eelgrass, based on the best available science, shall be implemented if avoidance and minimization measures are not feasible. Community Design Element (Chapter 7): This chapter contains the following description of the West Shore Road neighborhood: Existing Neighborhood Character - West Shore Road The West Shore Road Area is a geographically distinct neighborhood situated at the western base of Belvedere Island. It contains predominantly one and two-story homes lining West Shore Road, which were initially built in the 1960's, with some new homes replacing existing homes in recent years. Most of the homes are on the western side of the roadway, with direct frontage on Richardson Bay. Steep cliffs line the eastern side of the road. From the street, many of the homes resemble those of the Lagoon area, with privacy fences screening many front yard areas. However, unlike the Lagoon area where homes are situated on filled lots, many homes on West Shore Road project out above the water on pilings. Landscape screening between homes is rare in this part of the community. View easements at turnarounds in West Shore Road are sometimes landscaped with trees but future landscaping plantings in these areas are limited by the terms of the easements. Conformance witlt General Plan Policies As conditioned, staff believes that the project conforms to relevant goals and policies of the General Plan. Regarding policies aimed at protecting sensitive aquatic habitat, eelgrass is known to exist along the shoreline of West Shore Road where the project is located. During a preliminary review by the California Department of Fish & Wildlife (CDFW), it was noted that the project site lies on top of an existing eelgrass bed. Mitigation Measures in the Initial Study/MND and included as conditions of approval, identify in-water construction requirements, environmental work windows, and requirements for pre- and post-construction eel grass surveys in accordance with recommendations of National Marine Fisheries Service (NMFS) and the California Department of Fish & Wildlife (CDFW). Furthermore, if eelgrass is determined to be present within the construction zone of the project, and if disturbance cannot be avoided, a monitoring and mitigation plan is required to ensure that a minimum recovery of 100% aerial coverage and 85% density compared to preconstruction levels is met. 91 West Shore Road - January 19, 2016 PC Meeting Page 3 Regarding potential visual impacts, the property is not located at a turnaround along West Shore Road, and there is no visual easement over the property. Views of Richardson Bay from the public street are limited in this area due to existing homes and mature landscaping. Therefore, the proposed waterfront improvements would not substantially interfere with or obstruct the public's view of the Bay. Conformance with Belvedere Municipal Code Title 19 - Zoning Staff has reviewed the project for conformance with applicable Development Standards and finds that the project meets all applicable R-lW Development Standards, as summarized in BMC Section 19.24.060. Title 20 - Architectural and Environmental Design Review The proposed waterfront improvements are subject to the design review criteria and standards set forth in BMC Sections 20.04.005 and 20.04.110 through 20.04.210, addressed below. More importantly, the proposed improvements (pier, pilings, gangway, boat lift and floating dock) are also subject to the design review criteria and standards in Section 20.06 of the Belvedere Municipal Code, which contains restrictions for the design, use and maintenance of new piers, gangways, floats, hoists and buoys installed in the R-1 W (West Shore Road) Zoning District. These restrictions were developed based on input received from a citizen committee, an independent engineering consultant, a contract lawyer, and letters from members of the public. A draft ordinance was initially brought to the City Council in January 1999, and after several revisions, the final Ordinance was passed in September of that year. As outlined in BMC Section 20.06.010, the purpose of these regulations are: (1) To ensure that waterfront property owners on West Shore Road have reasonable access to the offshore area through the use of buoys, piers and related structures; (2) To minimize hazards and clutter created by such structures; and (3) To minimize their interference with the views and privacy of neighboring property owners.
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